Smt. Jagjeet Kaur v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6474 of 2021 1.
Smt. Jagjeet Kaur D/o Pavittar Singh Dhaliwal, Aged About 43 Years, R/o L.I.G. 01,32 Acre Housing Board Jamul, P.S. Jamul, Tahsil And District Durg (C.G.).
---- Applicant
Versus
1.
State Of Chhattisgarh, Through District Magistrate Durg, District Durg (C.G.).
---- Non-Applicant For Applicant : Mr. B.P. Singh, Advocate.
For Non-Applicant/State : Ms. Deepti Shukla, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 23/09/2021 1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as she is in jail since 10/08/2021 in connection with Crime No. 54/2021 registered at Excise Circle Bhilai No. 2, District Durg (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2) Allegation against the applicant is that she was found in illegal possession of 46.2 bulk Ltrs. of liquor (country & English). 3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has been arrested on 10/08/2021.
He submits that applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding and conclusion of trial is likely to take some time for its disposal due to COVID-19 Pandemic. Therefore, the applicant be released on bail by this Court. 4) On the other hand, learned counsel for the State opposes the bail application. However, she unable to explain regarding criminal antecedents of the applicant.
5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant who is 43 years old, the applicant has no criminal antecedents as admitted by counsel for the applicant and there is also no mention about the same in the impugned order and that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the Counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.
she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court, ii.
she shall not act in any manner which will be prejudicial to fair and expeditious trial, iii.
she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial, iv.
she shall strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority, v.
she shall not involve herself in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving herself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant